Can civil servants be recruited into state agencies after being forced to resign?
Question: I would like to ask, can civil servants who are disciplined and forced to quit their jobs be able to register for recruitment to state agencies?
Reply:
Civil servants who are disciplined and forced to quit their jobs can still register for recruitment to state agencies
According to Clause 2, Article 39, Decree No. 112/2020/ND-CP stipulates that civil servants are disciplined and forced to quit their jobs as follows:
+ Civil servants who are disciplined and forced to quit their jobs are not entitled to severance benefits, but the social insurance agency confirms that they have paid social insurance for their working time to implement the social insurance regime according to regulations. provisions of the law.
+ The agency competent to manage civil servants that maintains records of civil servants who are disciplined and forced to resign is responsible for providing a summary of their resume and comments (with confirmation) when requested by that civil servant.
+ After 12 months from the effective date of the disciplinary decision on dismissal, civil servants who have been disciplined and forced to resign have the right to register for recruitment into state agencies, organizations and units. In case of being disciplined and forced to resign due to corruption, embezzlement or violation of public service ethics, you are not allowed to register for recruitment to agencies or positions related to the tasks and public duties performed. responsibility.
Thus, according to the above regulations, after 12 months from the effective date of the disciplinary decision on dismissal, civil servants who have been disciplined and forced to resign have the right to register for recruitment into agencies and organizations. , a unit of the State.
In case of being disciplined and forced to resign due to corruption, embezzlement or violation of public service ethics, you are not allowed to register for recruitment to agencies or positions related to the tasks and public duties performed. responsibility.
What are the conditions for registering for civil servant recruitment?
According to Article 36, Law on Cadres and Civil Servants 2008 (amended in the Law on Cadres and Civil Servants and the amended Law on Public Employees 2019) stipulates the conditions for registering for civil servant recruitment as follows:
- People who meet the following conditions, regardless of ethnicity, gender, social class, belief or religion, can register for civil servant recruitment:
+ Have one nationality which is Vietnamese nationality;
+ Be 18 years old or older;
+ Have application form; have a clear background;
+ Have appropriate diplomas and certificates;
+ Have good political and moral qualities;
+ Healthy enough to perform tasks;
+ Other conditions as required by the candidate position.
- The following people are not allowed to register for civil service recruitment:
+ Not residing in Vietnam;
+ Loss or limited civil act capacity;
+ Being prosecuted for criminal liability; are serving or have completed serving a criminal sentence or decision of the Court but have not had their criminal record erased; are being subjected to administrative measures such as being sent to a compulsory drug treatment facility or being sent to a compulsory education facility
What is the method of recruiting civil servants?
(i) Recruitment of civil servants is carried out through examination or selection, except for the cases specified in clause (iii).
The form and content of civil servant recruitment and selection exams must be consistent with the job position requirements in each industry and profession, ensuring the selection of people with qualities, qualifications and abilities.
(ii) Recruitment of civil servants through recruitment is carried out according to the decision of the agency competent to recruit civil servants for each of the following groups of subjects:
- Commit to volunteering to work for 5 years or more in areas with extremely difficult socio-economic conditions;
- Students who study under the recruitment regime according to the provisions of the Education Law, after graduating, return to work in the locality where they are sent to study;
- Excellent graduates, talented young scientists.
(iii) In addition to recruitment through examination and admission, the head of the civil servant management agency decides to accept people who meet the standards and conditions of the job position as civil servants for the school. the following:
- Officials working at public service units;
- Commune-level officials and civil servants;
- People receiving salaries in the people's armed forces, people working in cipher organizations but not civil servants;
- Receive and appoint civil servants to hold leadership and management positions for people who are Chairman of the Board of Members, Chairman of the Board of Directors, President of the company, Member of the Board of Members, Member Board of Directors, Controllers, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant and people holding other management positions and titles according to Government regulations in state-owned enterprises States and enterprises in which the State holds more than 50% of charter capital; The recipient must be scheduled for an appointed position or equivalent position;
- People who used to be cadres and civil servants and then were transferred or rotated by competent authorities to hold working positions other than cadres and civil servants at other agencies and organizations.
(iv) The cases specified in clause (iii) will be considered for admission as civil servants if they are not within the disciplinary time limit or within the time of implementing the regulations related to discipline specified in Article 82, Law on Cadres and Civil Servants 2008; In the cases specified in Points a, b, c and d, Clause 3, Article 37, Law on Cadres and Civil Servants 2008, they must also have 5 years of working experience or more in accordance with the receiving field. (Article 37, Law on Cadres and Civil Servants 2008 (amended in the Law on Cadres and Civil Servants and the amended Law on Public Employees 2019).